How Do I Apply For Property and Financial Orders Assignment

Assignment Task

Part 1 - Divorce application

Read through the scenario below and use the information provided to complete the activities. You will need to save your documents to your computer and follow the instructions to submit them to the online area for this assessment event.

You are acting as a paralegal supporting solicitor, Andrea Chung in a family law matter. You are provided with the following email:

Complete the following tasks:

• Use the Leighton + Costello file note template located in the StudentResources folder to record your answers to Tasks 2, 3 and 4
• Support your answers to the tasks by referring to applicable provision/s in the Family Law Act 1975 (Cth) citing the legislation according to the AGLC.

Task

1. Following receipt of the email from Andrea, prepare a response email that clarifies the task requirements.

Save your email using the following naming convention:

• Part 1 Scenario 1 Email _Yourname

2. Identify a problem that may prevent the client from being able to apply for divorce.

3. Which court has jurisdiction to make decisions about Mai and Ronald’s divorce?

4. Andrea is meeting with Mai to obtain details and instructions regarding:

1. Mai and Ronald’s property and
2. Whether they have any

At present, Mai is only instructing the firm regarding divorce. However, Andrea will advise Mai as to what the court needs to be satisfied with, in relation to any children, before granting a divorce and the time frame for property settlement.

Andrea asks you to assist by identifying appropriate questions to put to Mai and an outline of the advice Andrea might offer in relation to these two matters.

Save your file note for Tasks 2, 3 and 4 using the following naming convention: Part 1 Scenario 1 File note_Yourname

5. After the interview, Andrea advises that Mai and Ronald have a young daughter who is 6 years of age. Andrea asks you to decide whether Mai should try making a divorce application. Andrea will then review your decision. Using the Leighton + Costello memorandum template located in the StudentResources folder, explain what an applicant must prove to be granted a divorce and evaluate whether

you think Mai should apply for divorce. Follow the IRAC approach to structure your analysis and evaluation.

Save your Memorandum according to Leighton + Costello policies and procedures.

Part 2 - Property order

Read through the scenario below and use the information provided to complete the activities. You will need to save your documents to your computer and follow the instructions to submit them to the online area for this assessment event.

You are acting as a paralegal supporting solicitor Andrea Chung in a family law matter.

The firm has taken on a new client, Mr Manny Heller (Matter No: 202x/AC864). Ms Chung met with Mr Heller on 3 March 202x (10 am – 10:30 am, 5 units) where the client provided the following information:

• Manny and his partner Pete married five years
• Their relationship broke down and they separated three years ago
• They have a young daughter, Annie
• They are now negotiating a property settlement
• They were unable to resolve their property settlement disagreements through dispute resolution and now want to go to court to obtain a property order
• Both Manny and Pete contributed 50% to the deposit of their family home
• Manny, who works as an investment banker, also owns all the furniture in the family home as well as the family
• Manny also made all the mortgage
• Pete, who works as a builder, spent the past year repainting and renovating the family home
• Pete also cooks and cleans for the family and takes Annie to and from school
• Manny wants assistance in seeking a property order from the court

Complete the following tasks:

• Use the Leighton + Costello Memorandum template located in the StudentResources folder to record your answers to Tasks 1 and
• Support your answers to the activities by referring to applicable provision/s in the

Family Law Act 1975 (Cth) citing the legislation according to the AGLC.

Task

1. Analyse, evaluate and answer the following questions:

• Of what does the court need to be satisfied when making an order adjusting the property interests of the parties?
• Which of the factors in section 79(4) of the Act would be relevant to a court’sdecision to make an order in this scenario?

When answering the above questions, ensure you are accessing the most current version of family law legislation. Also, state why is it important for paralegals to keep up to date with relevant legislation and

2. Andrea now wants you to consider whether a court might order maintenance payments to be paid by one party for child support. She wants you to use the following information to estimate the amount of child support one of the parties might be obliged to pay.

• Pete and Manny’s daughter is called is Annie She was born on 21/02/2018.
• Pete largely cares for Annie as Manny works incredibly long hours (from 7 am-2 am in the morning).
• Because Pete has so much to do looking after Annie, he is self-employed and can only work a few hours a
• As a result, Pete only earns $20,000 in taxable income a year while Manny earns $200,000 in taxable income. 
• Additionally, Manny gets $32,000 in fringe benefits while Pete gets
• Neither party receives any income from net investment loss, tax free pensions or target foreign
• Only Manny gets superannuation contributions, in the amount of $21,000 per
• Pete looks after Annie 6 nights a week and Manny 1 night a week

Part 3 - Electronic divorce application

Read through the scenario below and use the information provided to complete the activities. You will need to save your documents to your computer and follow the instructions to submit them to the online area for this assessment event.

You are acting as a paralegal supporting solicitor Andrea Chung in a family law matter. You receive the following information with respect to a case the firm is managing (202x/AC466):

• Ivy Germain is seeking to divorce her husband, Harry
• The firm has agreed to act for
• The firm has finalised Ivy’s divorce
• Andrea now wants to file the application
• Therefore, she has asked you to draft an Affidavit for eFiling Application which will be uploaded to the Commonwealth Courts Portal once completed. The affidavit will be witnessed on 4 March 202x by Hera Spencer, lawyer.
• Andrea Chung has given Ivy the brochure ‘Marriage, Families and Separation’.
• The nearest court registry is the Newcastle Registry located in the Commonwealth Law Courts Building, 61 Bolton Street, Newcastle NSW 2300
• There is no interpreter required in this

Complete the following tasks including a role play activity.

1. Access family law forms, and locate the affidavit for eFiling application. Then, draft the affidavit using the information above. Leave blank the sections which need to be filled out by other persons (who are not the client or Andrea Chung) as well as the spaces for peoples’ signatures.

Save the affidavit according to Leighton + Costello’s organisational requirements (Policies and Procedures).

2. Write an email to Andrea Chung requesting that she review the affidavit. Using clear, accurate and relevant language, ask if Andrea would prefer to review the document via email or to schedule a face-to-face review session with you.

Save your email using the following naming convention:

• Part 3 Scenario 3 Email 1_Yourname

3. Andrea Chung responds to your email requesting a face-to-face session with you. Before she reviews the affidavit that you have drafted, Andrea wants to confirm your understanding of family law procedure. At your face-to-face session, Andrea wants you to clearly articulate:

• what the affidavit is
• why it is required
• where it falls in the legal procedure for applying for divorce

Conduct a meeting with Andrea Chung (a role play) to explain the information to her using language and features appropriate to a legal audience, and to present your draft affidavit for review.

At your meeting, Andrea informs you that there has been a change. Leslie Costello, another solicitor at the firm, will now witness the affidavit as Hera Spencer is not available. The affidavit needs to be amended to reflect this change of witness.

You will need someone (such as a friend, family member or another student) to act as Andrea in the video. You may conduct your role play in the classroom with your Teacher/Assessor OR submit a video recording of your role play. Please follow your Teacher/Assessor’s instructions in this regard.

4. At your meeting with Andrea Chung, you were informed that Leslie Costello will now witness the affidavit and you were asked to make the necessary amendment to the document. Amend the document and write an email to Andrea updating her that the affidavit is ready for her sign-off.

Save your email using the following naming convention:

• Part 3 Scenario 3 Email 2_Yourname

5. Andrea has made you responsible for preparing, drafting, and filing the divorce application documents under her supervision. After each document has been drafted, Andrea requires you to review it with her and make any necessary amendments before Andrea reviews the document with the client. You have already completed this process for the affidavit for eFiling.

The following documents must be filed together through the Commonwealth Courts Portal:

• Marriage Certificate
• Proof of Jurisdiction
• Application for Divorce
• Affidavit for

You must also pay the filing fee and register for the Commonwealth Courts Portal to e-file and access copies of Court orders.

Using the Leighton + Costello file note template, and using dot-points, create a rough plan sequencing the steps you would follow to complete this task.

Save your file note using the following naming convention:

• Part 3 Scenario 3 File Note_Yourname

Part 4 -  Financial and property orders

Read through the scenario below and use the information provided to complete the tasks. You will need to save your documents to your computer and follow the instructions to submit them to the online area for this assessment event.

You are acting as a paralegal supporting solicitor Andrea Chung in a family law matter. You receive the following information with respect to a case the firm is managing (202x/AC726):

• Mr Bensen Bailey and Mrs Bella Bailey have separated and discussed how to divide up their
• They live at 6 Abbott St, Coogee, NSW 2034.
• They agreed that Bella would keep most of the furniture and Bensen would keep the family
• However, they couldn’t agree on how to divide their savings and some money Bellareceived from her father.
• They want to apply to the court to make financial and property
• Andrea is acting for Mr Bensen Bailey in this matter.

Complete the following tasks

1. The team has finished preparing the Financial Statement. Leighton + Costello recently introduced a new organisational policy requiring all family law documentation to be despatched via eFiling. Andrea Chung requests that you email Natasha Geary, the Registration clerk at Leighton + Costello asking Natasha to perform the e-filing.

Write an email to be sent to Natasha Geary asking her to despatch the document through the Commonwealth Courts Portal. In the email, remind Natasha of the document format requirements which need to be met when eFiling through the Commonwealth Courts Portal.

Save your email using the following naming convention:

• Part 4 Scenario 4 Email 1_Yourname

2. Download the Bill of Costs template located in the

Complete the following entries for Andrea Chung’s work on the matter:

• drafting financial statement: 
• legal research into how the gift money of one party is divided by courts: 
• emails and telephone calls with the client discussing the particulars of their divorce application:

Then, draft an email to Andrea attaching the Bill of Costs for approval and signature.

Andrea Chung’s hourly rate is $400 +GST.

Save your email and Bill of costs using the following naming convention:

• Part 4 Scenario 4 Email 2_Yourname
• Part 4 Scenario 4 Bill of costs_Yourname

3. Bensen and Bella have agreed that Bella would keep most of the furniture and Bensen would keep the family car. Using the Leighton + Costello file note template located in the StudentResources , explain what type of order or agreement the parties could use to make this agreement legally binding.

Save your file note using the following naming convention:

• Part 4 Scenario 4 File note_Yourname

This Law has been solved by our PhD Experts at My Uni Paper.